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NeCede's

Maxim 2.6.4

A judgment given by one who is not the proper judge is of no force.

Judicium a non suo judice datum nullius est momenti.

Source: Lofft 458; 10 Co. 76; Weisman, 64a Difficulty 1/5 — Foundational

Explanation

A court acting without subject-matter or personal jurisdiction renders a void judgment, no matter how formally correct the proceedings.

Where this applies

  • A family court judge rules on a criminal matter.
  • A court issues a judgment in a case it has no authority to hear.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 2.6.4 — A judgment given by one who is not the proper judge is of no force. — Lofft 458; 10 Co. 76; Weisman, 64a (Judicium a non suo judice datum nullius est momenti.)

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